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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Neighbour cutting my tree then throwing cuttings on my garden

77 replies

twinsufficient · 24/07/2012 22:38

Caught my neighbour cutting our tree (only the parts that were overhanging her garden) but then she threw all the cuttings onto our garden. To me if I was in her position I would've cut what I needed but have got rid of the mess myself. I know it's our tree so I suppose it's our property but she could've asked if that was ok to dump the cuttings or just use her own garden waste bags.AIBU?

OP posts:
mathanxiety · 25/07/2012 02:17

I thought it was more a matter of asking you if you wanted them back, and she could have given them to you in a neat bundle (assuming all she did was throw them all randomly).

CER1945 · 04/04/2016 16:49

Actually, your neighbour is wrong! The law states that you are allowed to cut branches from neighbours tree that overhang the boundary into your garden. The law states that you must OFFER the cuttings back to your neighbour. If they don.t want them then it is your responsibility to get rid of them. If you throw them back into the tree owners garden this constitutes illegal 'tipping' and is against the law.

I cannot understand why people do this. I always ask my neighbour if it is OK to cut the overhanging branches. I would never dream of chucking them back over the fence. I would not throw leaves from their tree back over the fence either - this again is illegal and constitutes illegal tipping.

andsoimback · 04/04/2016 16:51

Zombie alert

ScoutsMam · 04/04/2016 18:03

I cannot understand why people do this.

By this do you mean search out 4 year old threads just to add their tuppence?

CER1945 · 04/04/2016 18:32

The law does state that one can cut branches from overhanging trees that come over your border. You should OFFER to give the clippings back. There is no obligation for the tree owner to accept the clippings. If you then chuck the clippings over, this is against the law and comes under 'tipping'. To be honest I would never dream of chucking branches back. Same with leaves - illegal to chuck them back over the fence.

StealthPolarBear · 04/04/2016 18:38

I realise this is a zombie thread and I'm against littering but surely dropping a leaf on the ground isn't tipping?

HoneyDragon · 04/04/2016 18:43

I thought illegal tipping was sneaking up on cows when you were drunk?

Possibly the op was doing something like this before she hit the Google search box?

CER1945 · 04/04/2016 18:47

OK ha ha, this is actually a serious issue !

Dazward · 14/06/2017 18:38

I know I'm going to get some rubbish comments back now,
The law does state you need to offer back throwing them back is fly tipping
However this site just shows how we as neighbors just can't get on first I would just politely ask the neighbour to chop the trees etc or offer to do it myself and agree the disposal process
I get by the comments above the swearing and anger in some people these are the citizens that just don't get on with people in general these are the angry ones that we see causing all the issues in life

mickeysminnie · 14/06/2017 18:42

Seriously?? This thread is almost 5 years old!

viques · 14/06/2017 19:47

I did throw branches of my neighbours tree back over her fence m'lud.

In my defence, three huge , and I mean huge, branches came off their plum tree, I asked her partner if neighbour wanted to come round and chop them up as they were blocking my path. No response . Wrote note. no response. wrote second note saying they had til Saturday to respond then I would cut up and put over fence, I advised them to make sure no pots in the way. no response.

So on the Saturday I borrowed an electric saw and I did it. At which her mouthy daughter came out and said I had "poor communication skills "
. So. I let her have both barrels of my poor communication skills, and carried on sawing and repatriating the branches.

MagentaRocks · 14/06/2017 19:54

I reckon this was sorted 5 years ago AT THE TIME OF THE THREAD

Westray · 14/06/2017 19:58

I think I just wanted a bit of neighbourly courtesy

Which you should have done- trimmed your tree before she had to.

Eurolord · 18/07/2017 14:46

I am amazed at the amount of wrong information given here

The removal of overhanging branches is covered under English Common Law.

Although someone has got the right to trim back any branches on their own side of a boundary, they cannot simply throw the cuttings over the fence and onto your property. Unless you have agreed with it, it is classed as fly tipping. If you don't want the cuttings back, then it is their job to get rid of them.

Also you are not allowed to cross the boundary to cut the branches, that is trespass.

Grumpus21 · 18/07/2017 15:00

This reply has been deleted

Message withdrawn at poster's request.

Fudgesauce · 18/07/2017 15:07

Legally your neighbour needs to ask if you would like the cuttings back. If they have just been dumped in your garden this is classed as fly tipping and you can report them to the council. We have the same issue with a tree overhanging our garden and can't just chuck them back over.

Eurolord · 18/07/2017 15:20

Fudge,

You are 100% correct but it amazes me the amount of local councils who don't know the law about this and actually advise people incorrectly thereby causing them to break the law.

I am currently in discussion with New Forest District Council about the wrong advise they are giving to people.

TheMysteriousJackelope · 18/07/2017 15:22

Grumpus21 It is legal to cut trees etc. overhanging a garden. A kind neighbor would let the owner know first in case they preferred to get a professional in to trim the tree, or needed to wait for colder weather.

We have willow trees growing close to (but not over) our property line. I have told the neighbors if they are ever bothered by the trees, to let me know and I'll trim them.

MsHarry · 18/07/2017 15:22

Your neighbour is doing the right thing legally. They are within their rights to chop overhanging branches but legally they have to give them back to you as they are from your tree. Would have been nice for them to explain what they were doing though.

Iikkiilloo · 18/07/2017 15:24

ZOMBIE THREAD
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ZOMBIE THREAD
ZOMBIE THREAD
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ZOMBIE THREAD

MsHarry · 18/07/2017 15:38

Jeez! When will MN stop allowing comments on zombie threads?

Zephyr01 · 18/07/2017 15:39

Why do people get so upset at old threads being resurrected? People are enjoying discussing it!

Buscake · 18/07/2017 15:43

Oh fucking zombie thread Angry why isn't there a huge red sign at the top, or intermittent posts throughout saying it's a zombie. Waste of time reading it all

user1498911470 · 18/07/2017 15:59

Our neighbour has a lovely honeysuckle which they have neglected, now it's growing over the fence and hangs down over our side. They have offered to cut it back so it's not 'causing a nuisance in our garden' but have said that they are unable to do it unless we give permission for them to come in our garden. We've said no, they can't come in our garden because we love having the honeysuckle and they can't cut it back without standing on our flower beds.

They have now said that they really want to cut it back (presumably they want to enjoy the flowers) so we've offered to do it for them so our flower beds aren't damaged but they say that they don't want us touching their plant Confused

Eurolord · 18/07/2017 16:14

Harry,

Wrong. They have to offer them back to the owner who doesn't have to accept them. It is the responsibility of the person who cut them to get rid of them (and not by throwing over fence)

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